A father has a statutory obligation under Hindu law to maintain his unmarried daughter and cover reasonable marriage expenses, enforceable even after the daughter reaches majority.

JUDGMENT :

Golmei Gaiphulshillu, J.

1. Heard Mr. I. Lalitkumar, learned sr. counsel appears on behalf of the appellant and Mr. K. Achouba, learned counsel appears on behalf of the respondent.

2. The present appeal has been filed by the appellant challenging the impugned Judgment and order dated 02.04.2018 passed in Cril. (Maintenance) Case No. 1 of 2018 by the Ld. Judge, Family Court, Bishnupur. In the said Cril. (Maintenance) the present appellant is the respondent and the above named respondent is the petitioner.

3. The above referred Mat (Maintenance) case No. 3 of 2016 was filed by the respondent as petitioner against the appellant as respondent under Section 20 read with Section 3 (b) of the Hindu Adoption and Maintenance Act, 1956 thereby claiming the maintenance allowances with the marriage expenses to be incurred in Marriage Ceremony. The respondent/petitioner is the daughter of Smt. Leima Devi (wife of appellant/respondent) now living with her mother along with her elder brothers.

Section 20 and Section 3 (b) of the Hindu Adoption and Maintenance Act, 1956 are extracted as follows:

Section 20 of the Hindu Adoption and Maintenance Act, 1956 :

(1) Subject to the provisions of this Section a Hindu is bound, during his or her life-time, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents.

(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is minor.

(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.

Section 3 (b) of the Hindu Adoption and Maintenance Act, 1956:

Section 3 (b) “maintenance” includes – (i) in all cases, provision for food, clothing, residence, education and medical attendance and treatment; (ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage.

4. It is seen and observed that from the pleadings of the parties and on perusal of the impugned order, the respondent/petitioner herein claims maintenance allowance with the marriage expenses to be incurred in her marriage from her father, the appellant. Prior to that, instead of living with her mother since the separation of her mother and father and subsequent divorce, she never claimed maintenance for herself from her father (appellant).

5. It is also seen and observed that the respondent/petitioner relied upon for her maintenance including her education from her mother and brothers. It is also seen and observed that not only the respondent/petitioner, the two elder brothers who lived with their mother did not ask for maintenance including their education from the appellant/respondent.

6. The appellant/respondent was serving as Police Officer (Sub-Inspector) in Manipur Police, Department enjoying salary of more than Rs. 35,000/- at the relevant point of time. The respondent/petitioner alleged that with the help of her mother and elder brothers very hardly completed her B.A. Course in the year 2014 from C.I. College, Bishnupur and now, she is joining a computer course at private Technology Firm at Bangalore by staying with her second elder brother, she further alleged that in earlier occasion she had approached the appellant/respondent to maintain her but the appellant/respondent did not care. By now, she is going to marry with one Laithangbam Santosh Singh, S/o (L) Shanti S